승인소위원회 보고서(2021. 10.)
Report of the Sub-Committee on Accreditation
채택일 2021. 10. 29.
1.2 Republic of Korea: National Human Rights Commission of Korea (NHRCK)
Recommendation: The SCA recommends that the NHRCK be re-accredited with A status.
The SCA commends the NHRCK’s efforts to promote and protect human rights in the Republic of Korea.
The SCA highlights that NHRIs that have been accredited A status should take reasonable steps to enhance their effectiveness and independence, in line with the Paris Principles and the recommendations made by the SCA during this review.
The NHRCK is encouraged to continue to actively engage with the OHCHR, GANHRI, APF, other NHRIs, as well as relevant stakeholders at international, regional, and national levels, in order to continue strengthening their institutional framework and working methods.
The SCA notes:
1. Selection and appointment
Article 5.2 of the National Human Rights Commission Act (the Act) states that the President of the Republic shall appoint four (4) persons nominated by the National Assembly (two of whom serve full-time), the President of the Republic shall nominate four (4) persons (one of whom serves full-time) and the Chief Justice of the Supreme Court should nominate three (3) persons. According to Article 3 of the NHRCK Rules on Affairs, the vacancies are published on the NHRCK’s website. However, the NHRCK Rules on Affairs are silent on a single consistent formalized selection process used by the three appointing institutions.
The NHRCK reports that in practice, the President receives recommendations from a Candidate Recommendation Committee, the National Assembly receives recommendations from political parties and the Supreme Court receives recommendations from civil society organizations and the Korean Bar Association. The SCA acknowledges that the NHRCK has submitted amendments to its Act to formalize the establishment of the Candidate Recommendation Committee.
The SCA encourages the NHRCK to advocate for the inclusion in its Act or other administrative guidelines, the establishment of a single independent selection committee.
It is critically important to ensure the formalization of a clear, transparent, and participatory selection and appointment process for an NHRI’s decision-making body in relevant legislation, regulations or binding administrative guidelines, as appropriate. A process that promotes merit-based selection and ensures pluralism is necessary to ensure the independence of, and public confidence in, the senior leadership of an NHRI.
The SCA refers to Paris Principle B.1 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’.
2. Financial autonomy
The SCA notes that Article 43.5 of the National Finance Act empowers the Minister of Economy and Finance to adjust the quarterly budget allocation plan or take measures to withhold the execution of any budget allocated for proper management of financial balance of revenue and expenditure, and efficient control of execution of budgetary activities, etc. The SCA acknowledges that the independence of the NHRCK is highlighted in the draft amendment to the Act, which is currently before the National Assembly, to ensure its independence vis-à-vis the National Finance Act.
The SCA notes that the classification of an NHRI as an independent State agency has important implications for the regulation of certain practices, including reporting, recruitment, funding, and accounting. Where a State has developed uniform rules or regulations to ensure State agencies are properly accountable for the use of public funds, the application of such rules or regulations on an NHRI is not considered inappropriate provided they do not compromise the NHRI’s ability to perform its role independently and effectively.
The SCA acknowledges the amendments proposed by the NHRCK to its enabling law and encourages it to continue to advocate for their adoption by parliament.
The SCA refers to Paris Principle B.2 and to its General Observation 2.7 on ‘Administrative regulation of NHRIs’.
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